Litigation
Recent rulings of importance to you and your practice.
Court Unmoved By Claim Against Matrimonial Lawyer
Matrimonial attorneys in California are breathing a sigh of relief. Even though divorce may be the most blood-boiling experience a person can go through, a California appellate court ruled that a client cannot sue his attorney just because the proceedings threw his life into turmoil.
The Progressive Lawyer
The <i>pendente lite</i> phase of a case and the results of a <i>pendente lite</i> application are critical for setting the tone for the balance of the case, and often affect whatever final decisions or agreements are reached. An inequitable result could seriously compromise one party's case. It is, therefore, essential to provide judges with sound, hard evidence at the <i>pendente lite</i> phase, that will enable them to deal fairly with both sides pending the submission of final proofs.
Fair Trials and the Recusal of Judges
One of the most perplexing problems that a matrimonial attorney will face is deciding whether or not to take the chance of antagonizing the judge and moving for his or her recusal. Although a judge may act gruff, be antagonistic or treat the attorney poorly, this is not a basis for recusal, even though it may be a basis for judicial discipline.
Child Custody
We live in a mobile society. Parents with a child in common may move from state to state, with or without the child involved in the moves. People with court orders granting custody or access to a child, sometimes including grandparents or siblings who have statutory rights, may not be in the same state as a child. They may need to enforce or modify custodial determinations.
Same-Sex Marriage Update
Some New Yorkers have been attempting for years to get same-sex marriage legalized in this state, but the past year has been a true watershed. The latest development, of course, is the February 4 decision in <i>Hernandez v. Robles</i> by Justice Doris Ling-Cohan of State Supreme Court, which held that same-sex couples have the same constitutional right to marry that opposite-sex couples do. It was the first state-level decision in New York in support of gay marriage rights.
Creating Parental Access Plans: Two More Options
In January and February's newsletters, we discussed the problems inherent in setting up parental access plans in this era in which parents are increasingly demanding a greater share of parenting time. The two charts below offer more options for allocating time between parents.
